Opening Share Trading account in Joint Names

Discussion in 'Share Investing Strategies, Theories & Education' started by DareDevil, 8th Sep, 2017.

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  1. DareDevil

    DareDevil Well-Known Member

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    Hi All

    Has anyone opened share trading account in joint names, I have looked at NABTrading and there is this option to open in joint names, the main reason is the split loan i am going to use to fund the share investment is in joint names.
    1. So if we start the account in joint names, do we have to use like equal split for both dividends and interest expenses at tax time?
    2. Any other complexities of this rather than just opening in individual name.
    Thanks in advance.
     
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  2. DareDevil

    DareDevil Well-Known Member

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    Did some search in the internet, but couldn't find any exact answer specific to Australia, most of the references are regarding the ownership when one owner dies, nothing specifically around income tax,
    The biggest issue in my case is the funds i am going to invest in the shares are from a split loan (secured against my PPOR) which was drawn under both our names, so what will happen if i use those funds to invest in a trading account only under my name?
    any help will be appreciated
    may be @Terryw can add something.
     
  3. SMSFCoach

    SMSFCoach Member

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    You require tax advice but if drawn down in both names but only producing income in one name then only 50% of the loan interest is tax deductible to the one receiving the income. You might ask your accountant about structuring the joint account as tenants in common say 90% 10% etc to target income and tax. You could also redo the split loan to only one name as borrower but both as guarantors.
     
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  4. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    There is an ATO tax ruling which indicates the interest is deductible, in full, to the person who is investing if these persons are spouses. It might also help if you had a written loan agreement from the other borrower onlending to you.
     
  5. DareDevil

    DareDevil Well-Known Member

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    Thanks Terry
    That is great rather than redoing the split loan
    When you say getting a written loan agreement, do you mean a letter or email from my wife or does it have to be something like a proper document prepared by a lawyer?
    Also is there a way i can find this ATO ruling
     
  6. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    It should be a proper legally enforceable agreement. Doesn't necessarily need to be drawn up by a lawyer, but it might be a good idea.

    You can search the ATO website for the ruling - or view my tax tips on propertychat.com.au as I have written about this and may have mentioned the ruling number there. From memory it was from either 1993 or 2002.
     
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  7. DareDevil

    DareDevil Well-Known Member

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    Thanks TerryW
    I will do some more search in to this,